Remedies of Owner. Upon the occurrence of an Event of Default by Manager as specified in Section 8.1, Owner shall have the right to terminate this Agreement, pursue any and all claims available at law or in equity and recover from Manager damages that Owner has suffered due to Manager's default.
Remedies of Owner. Upon the occurrence of a breach by Manager as specified in Section 7.01 hereof, Owner shall be entitled to immediately terminate this Agreement and Owner shall have the right to pursue any other remedy it may have at law or in equity. Following such a termination, Owner shall have no further obligation to pay any fee due hereunder. Notwithstanding such termination, Manager shall not be relieved of any liability arising as a result of Manager’s default and the resulting termination of this Agreement.
Remedies of Owner. Upon a Manager's Event of Default, after expiration of all applicable notice and cure periods, Owner shall be entitled to (i) terminate in writing this Agreement effective as of the date designated by Owner (which may be the date upon which notice is given) and/or (ii) pursue an action for the actual compensatory damages incurred by Owner provided the Manager's Event of Default has not then been cured or such cure has not commenced and is not being diligently pursued. Owner expressly agrees that termination of this Agreement and compensatory monetary damages are its sole rights and remedies with respect to a Manager's Event of Default and Owner expressly waives and releases all other rights and remedies, including, without limitation, the right to seek equitable relief, including specific performance or injunctive relief, and to sxx for any consequential or punitive damages.
Remedies of Owner. Upon the occurrence of an event of default by Manager as specified in Section 7.01 hereof, Owner shall have the right to pursue any remedy it may have at law or in equity (provided that in no event shall Manager ever be liable to Owner for, and Owner hereby waives all rights to receive, punitive, consequential or exemplary damages), it being expressly understood that although Owner has no further obligation to pay any fee due hereunder, Manager shall remain liable for any losses suffered as a result of Manager's default and the resulting termination of this Agreement. Upon such termination, Manager shall deliver to Owner any funds, books and records of Owner then in the possession or control of Manager and all accounts established by Manager for security deposits.
Remedies of Owner. A. If an Event of Default shall occur and this Lease and the Term shall expire and come to an end as provided in Article 14 hereof, or by or under any summary proceeding or any other action or proceeding by Owner against Tenant or any person claiming by, through or under Tenant, or if Owner shall re-enter the Premises as provided in Article 14, or by or under any summary proceeding or any other action or proceeding, respectively, then, in any of said events: (1) Tenant shall pay to Owner all Fixed Rent, Additional Rent and other charges payable under this Lease by Tenant to Owner to the date upon which this Lease and the Term shall have expired or have been terminated and come to an end or the date of re-entry upon the Premises by Owner, as the case may be; (2) Owner shall be entitled to retain all monies, if any, paid by Tenant to Owner, whether as advanced Rent, security deposit or otherwise; but such monies shall be credited by Owner against any damages payable by Tenant to Owner; (3) Tenant also shall be liable for and shall pay to Owner as liquidated damages, any deficiency (the “Deficiency”) between the Rent reserved in this Lease for the period which otherwise would have constituted the unexpired portion of the Term (conclusively presuming the Additional Rent to be the same as was payable for the year immediately preceding such termination or re-entry) and the net amount, if any, of rents collected under any reletting of all or part of the Premises for any part of such period, after first deducting from the rents actually collected under any such reletting all of Owner’s expenses in connection with the termination of this Lease, and Owner’s re-entry upon the Premises and in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, reasonable attorneys’ fees, court costs and disbursements, alteration costs and other expenses of preparing the Premises for such reletting and the amount of rent concessions, construction allowance and the like granted in connection with such reletting (collectively, the “Default Expenses”); it being agreed and understood by Tenant that any such Deficiency shall be paid in monthly installments by Tenant on the days specified in this Lease for payment of installments of Fixed Rent, and that Owner shall be entitled to recover from Tenant each monthly Deficiency as the same shall arise, and no suit to collect the amount of the Deficiency for any month shall prejudice Owner’...
Remedies of Owner. Upon the occurrence of an event of default by Manager as specified in Section 7.01 hereof, Owner shall be entitled to terminate this Agreement, and upon any such termination, Owner shall have the right to pursue any remedy it may have at law or in equity, it being expressly understood that although Owner shall have no further obligation to pay any Fee due hereunder, Manager shall remain liable for any losses suffered as a result of Manager's default and the resulting termination of this Agreement. Upon such termination, Manager shall deliver to Owner any funds, books and records of Owner then in the possession or control of Manager.
Remedies of Owner. Upon the occurrence of an Event of Default by Manager as specified in Section 7.01 hereof, Owner shall be entitled to terminate this Agreement and pursue any other remedy it may have at law or in equity, it being expressly understood that following such a termination, Owner shall have no further obligation to pay any Fee or other amount accruing with respect to any period following the termination date. Notwithstanding such termination, Manager shall not be relieved of any liability arising as a result of Manager's default. Upon such termination, Manager shall deliver to Owner such funds, books and records of Owner then in the possession or control of Manager, and shall assign to such persons as may be designated by Owner all service contracts and deliver all personal property relating to or used in the operation and maintenance of the Project, except any personal property that was paid for by Manager out of its own funds and which is the property of Manager. Owner acknowledges that an Event of Default by Manager under this Agreement shall not constitute a breach or default under the Purchase Agreement or any other agreement between Owner and Manager.
Remedies of Owner. Upon the occurrence of an Event of Default by Manager, Owner may terminate this Agreement immediately upon notice and shall be entitled to exercise any other rights at law or in equity.
Remedies of Owner. In the event that a claim or adjudication is made that Lender or any of the Lender Parties has acted unreasonably or unreasonably delayed acting in any case where by law or under this Agreement, the Note, the Indenture or the other Operative Documents, Lender or such Lender Party, as the case may be, has an obligation to act reasonably or promptly, Owner agrees that neither Lender nor such Lender Party shall be liable for any monetary damages, and Owner's sole remedy shall be limited to commencing an action seeking injunctive relief or declaratory judgment. The parties hereto agree that any action or proceeding to determine whether Lender or a Lender Party has acted reasonably shall be determined by an action seeking only a declaratory judgment.
Remedies of Owner. Upon the occurrence of an event of default by Manager as specified in Section 7.1 of this Agreement, Owner shall have the right to terminate the Term of this Agreement after any applicable notice and cure period. Notwithstanding the foregoing, Owner may terminate this Agreement immediately upon written notice to Manager if (a) Manager commences a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency, reorganization or other similar law now or hereafter in effect or seeking the appointment of a trustee, receiver, liquidator, custodian or other similar official of its or any substantial part of its property, or consents to any such relief or to the appointment of or taking possession by any such official in the benefit of creditors, or fails generally to pay its debts as they become due, or takes any corporate action to authorize any of the foregoing; (b) Manager assigns this Agreement or delegate its duties under this Agreement without the consent of Owner; or (c) Manager dissolves or otherwise terminates by merger, consolidation or otherwise without the consent of Owner. Early termination shall not affect Owner’s right to recover from Manager damages that Owner has suffered due to Manager’s default.
